The Sun. — London, England, 1809-12-15 00:00:00

1.111. "V&A •-•• • •.•.• ••••• • , Jae a te of the Corporation, for call it by any other name he could not. The Address is carried by a majority of one, and the Sheriffs have the ho nour of waiting upon his Maje Sty, to know his Royal Pleasure when the Address should be presenta ed at the foot Of the throne.—His Majesty fixes a distant day—there is a kind-of interlude in the mean time. The Address is reconsidered, and the Court 'cante to a determination to violate all the rules and established praetices of the Court of Common Council. What a deplorable situation the City of London mest'be reduced to, in the opinion of his Majesty, at such extraordinary inconsistency in its conduct ! How unfortunately contemptible must the situation of the Worthy Sheriffs be, (In pre senting this new AddresS, and informing his Ma jesty, in approaching his Royal presence, that the Address which he had graciously appointed a day to receive was now no more; and that they were about to present his Majesty an Address totally different from the former. Such contempt he could not but say would be-very justly deserved. He begged to say a few words with respe& to the Resolution it self. It was impossible to view, without the "utmost dismay and distress,. the waste of blood and treasure, by this phantasmagoria of Administration, 'in the war exhibited on the Continent within the lest year. The prospect was bleak and distressing. Looking at the Expedition to Walcheren, it would not be ne cessary for him to.dwell fora moment upon the pro gress of an uefortunate.Expeclition, which was cha raderised in its termination by nothing but shame and disaster. Indeed, in every point of view our affairs,_ both at borne and abroad, exhibit an appear, ance infinitely more awful than language could de scribe. At home we were taxed beyond, all prece dent, and, what was more galling, the taxes mere, called for before' the services for which they were required were accotnplished.—There was nothing under the heavy imposts to which we were -subject,, which coUld'eheer our spirits, or give us hope Of a change for the herter in our affairs: :Still; however, the manifestoes of - Ministers were filled with the most flattering description of the miracles, they had performed in the improvement of the finances, and the vast addition made to our defensive strength.— This,. to be 'sure ' could' not surprize the Livery, when they, the Ministers, advanced men to the rank of Admirals who had been dead some months. Ceitaibly;- the most economical mode of adding to the streaagth of the country: He trusted the eatural feeling they must have for the welfare'of their country and the knowledge they must have of its dis s e would preclude the necessity of his enter ing .nio any specific details, for the purpose of urg ing 'the necessity of the resolutions under consi deration. He was persuaded, that Unless .some measures were adopted to . stenf the torrent of abuses in the administration of oar affairs, the greatest calamities must continue to befal this unfortunate and devoted couutry. Mr. AVA/1 "'MAN could not avoid offering some opinions with respect to the Resolutiens. There was, heaobscrved, no vast ditference in the- political opinions of the worthy Sheriff and himself, but he did not-know which of them wits' right. He could not account for the intelled of any man who would tell him that the Parliament has a coMpletecontroul over the public:Purse. It ‘t -as irne that Lord Mel ville haA been condemned, but he would ask the worthy Sheriff, had,he received' any punishment for his guilt ? Was he not re-admitted, into his l‘ljes ty's Councils? Were not his sons in the diredion of public affairs ?- Was he not himself behind the cur tain pulling the wires? And did he not draw froms to 10,0001 e annually from the Public ? That corrup tion exists, there was no doubt : nay, even the Duke of Portland, 20 years since, had confessed as much in a protest, which he signed in the House of Lords. He thurcin stated, " That the circum stances of the country were such, that they could nbt be endured any longer." Mr. W. then n6ticed certain -families. whom he destribed as partaking largely of the Public Nloney ; among them was the Marquis of Hertford, who drev;e annually from 40 to 50,00011.; two of the Seymours, having from 12 to 16,0001. each normally; the family of Lord' Castlereagh received from .30 to 4 . 0,0001. annually; and the family of Mr, Perceval upwards of 46,0001.1' To talk of controul, therefore, was the greatest ab- . surdity ; the acts which were made were incompe tent to controul the corruption which was going on.' in the public eXpenditure. It appeared' from . the: reports of one of the Committees of Inquiry before the House of Commons, that they expended 56,0001. in one year, in discovering abuses in one particular department, and had saved only 50001.! ,These e he was aware, were ,bold and strong assertions; but they,were nevertheless true. Mr., W. next advert-, ed to the addresses in the Corperation, and the measures pursued for the security of the country.- He remembered, some years since, a certain Noble Lord had falked of marching to Paris, 'as the Only means of securing our liberties; but lately he had seen works carriect on' on the River 'Lea for the pro tection of London. From these topics he travelled to Spain. On the subject of our proceedings as to the fate of that country, he declared', that in his opinion the country Mould have been st are, if the porruptions of the Government had been done away, and, the people's liberties restored. The object which, the Government of England had in view was to change masters, and in that object the people did not wish to share. After descanting at some length upon these topics, he ,declarer{ that all he wished was ye the. Bill of Rights in one hand - mid the At 'of Settlement in the other. He concluded with recommending them to exercise their rights on St: Thotuaa's Day, by turning out those Members who supported corruption, and returning those only who were of indepencleet principles.—(Loud cheers fbl= Itiwed this Gentleman's speech.) - The whole of the. Resolutions were separately put add carried ; and then , Mr. Favaee proposed an Address to his Majesty ? which embodied the snbstance of else Resolutions, and was in fad the origieal Address of Mr. WAiTIs MAN. iW - The Address was seconded by Mr. JONES. The. Lkery .called for Mr. 1 ifat Gentleman very _good bunioueedly came for vard, aad ;heer they saluted him with a volley of hist.s.and groans. of coarse retired.--The Adh 43 - vis was attrr,vards carried unanimously. ' his duty by presenting it to his Majesty, tor in the event of being denied access to the Royal presence, he would demand admission—(Loud huzzas.)—He hoped and trusted that there would be nu occasion for so doing. Mr. Sheriff ATKINS expreised his determination to discharge his duty with respect to his Sovereign and the Livery. On the Motion of Mr. BTNGLEY, Thanks were voted to Mr.•Waithman, Aldermen Cornbe, J. J. Smith, Wood, Goodbehere, Sir W. Plainer, and the Common Council, for supporting the original Resolutions and Address, and. for resisting the in decent manner in which another Addreis was.sub stituted. Mr% WAITH MAN and Alderman COMBE returned thanks. ThaOks were voted to the Lord Mayor for his conduel, who also returned thanks. A person of the name of PAYNE 'proposed a vote of censure upon the late Lord Mayor; but upon the suggestion of Mr. Waithman withdrew it, be having already been censured. The Hall was then dissolved. LAW REPORT. SHERIFF's COURT, Dzc 14. SEDUCTION. . SAUNDERS V. I)YSON. This was an inquisition to assess damages. Mr. WARREN Opened the case as Counsel foil . are Plaintiff. He stated that Mr. Saunders WAS a3llOl, keeper at Watford, in Hertfordshire,' and that the Defendant, a farmer in. ihe neighbourhood, had be come acquainted with his family in 8 . 04.—:-his daugh ter was eit that time about 14 years of age, and had just returtised from school. The Defendant professed an attachment to Miss Saunders, and was. admitted by her parents as her suitor: he was 'often forbid the house for.improper colidnol (this was afterwards explained to mean not visiting regularly). In 18A _the lady came fo town on a visit to a friend, and at this time the seduaion took place. He bad effected it by a promise ,of marriage, which • promise he would not afterwards ful'td unless the father gave 5001. fortune. • The fait of the sedation was proved in evidence; and it was also proved, that the "defendant admitted he was worth froit, .8001. to 10001. He was 'af terwards willing to marry the girl, and rely upon the father's generosity as to fortune. After Miss Satin ders was delivered of a still-born child, he gave ont,, to. save her character, that she was his wi;e. The girl had always a good charater Voifore the seduc tion. .Mr. SCARLET addressed the-Jury in mitigation of damages. He dwelt particularly on the . urcurnstanto ,of the father's imprudence in permitting the Plain tiff's addresses to, continue for such a length of time without coming to a conclusion, and denied that the father was entitled to damages fur the loss of his daughter's serviceovhen the causz by which he lost that service originated when she was out of hiS pro tection. The Leained Counsel also contended, that the father had no right to damages for an injury which he might have prevented being 'wade public by, marrying his daughter to the - deleudant, and which it appeared the Defendant was Willingtocon teal by declaring site was his wife. The Under Sheriff summed up the evidence, and the Jury lounct , danaages for the Plaintiff tUol. COURT OF KING'S BENCH. BAKER V. HANMER. The report of this,trial, inserted in our Paper of the 7th instant„, i 3 stated to us not to be correet, so tar as regards Mr. Swainson's non-attecdance, on being called, who is the Colleaor of the Customs, and rota merchant, of Liverpool. We are autho rised to state, that the agent of the plaintiff's attor ney, when he called upon Mr. Swainson on the suhjed of his attendance in London, on this cause, produced his instru6ions from the plaititifT's attor ney, which went so. far as to .state, that if a. certifi cate was granted by him, as to certatu Facts men tioned in the said instrualons, and to be signed in the presence of the said agent, the plaintitl's attor ney, aware of the . inconvenience that might arise from a person in a public office being absent at this period,would dispense with the subpoena being sere= ed. Mr. Swainson, seeing noobjectiou to the te nor or such certificate, it merely going to a public fa&, had no hesitation in signing it. After the agent for the plaintiff's attorney had made some al terations therein, and additions thereto, and after being witnessed by' him, and agreed to by the de fendant's attorney, was forwarded to London. The certificates being thus the spontaneotts, prdpnsition from the PlaintitrS attorney, will set this part of the proceeding in this cause in its proper light. NEWTON V..COTTRELL. The ATTORN -6ENERA-1, said . , this was an aelion on a promissory note, which was not in the usual form, for it ran thus:—May 12, 1800, borrowed of Mr. Charles Newton, the such. 01300 i. which I pro mise to repay on May the 12th, 180 g, with lawful interest for the same. The note being proved, Mr. PULLEY, for the de fendant, said he had no defence here, but his defence was ip another Court. Verdict for the plaintiff, damages 3t21. 14s. in terest included. STEMMAN AND OTHERS V. MAGNES. Mr. PAR[ stated this to i)e an action upon a Bill of Exchange, the circumstances of which had been in vestigated by the Court of King's Bench, and it had finally held, that the plaintiff could not support this aetion,but thatwas under circumstances different from those which he was now in a condition to disclose.— The fads were shortly these—one Moses Magnes became indebted to the plaintiffs in .a considerable sum of money, and he procured a person of the name'of Garland, to obtain for him a composition, with his creditors. To induce the creditors to come' to this composition, Garland represented that'Alagnes was going abroad, that his estate was insolvent, and that unless they assented to this proposal they were likely to lose all their debts. The proposal Was, that they should 01(6 201. in the htindted, - in payment and satisfaction of their respeelive deMands ; to this rest; and as they had taken that money iii sa tisfadion for the whole demand, it was held to be binding upon them. But he should sheW, that this was a fraud upon the creditors ; for that Garland bad misrepresented the facts to the cre ditors ; for that, in truth, Magnes-was not at that time about to go abroad, nor was he insolvent.— That he remained actually in the kingdom, and was able to pay twenty, shillings in the pound. As this was in point of law a fraud 'on the cre ditors, the diScharge which they had thus given to Magnes was.not binding, because fraud vitiates every thing. Thomas Burnis provJd the Bill of Exchange to be in the hand-writing of the defendant, was accepted by Ueorge Issacs, and who hid accepted it for the accommodation of Magnes ; and not being paid When it . arrrived at maturity ; it fell back upon the de fendant, who, instead of paying it, had, by means of his friend, prevailed on the plaintiffs to accept this 201. in the hundred; by which they had sustained a loss of 801. per cent, on . this bill, which. was for 3761. 4s. id. and' another for 4001. both payable.six months after date. It then appeared, by the evidence of George Isaacs, that he beCame guarantee for - Magnes, at the desire of Messrs. Steinman and Co. that be did sO, and accepted -bilis -for that purpose, and those among the rest, as guarantee for Magnes, and that the plaintiffs knew this to be the case ; that it was true Magnes , ;.`as more in the debt of the tvit ,ness than the witness Was in his ; but Maguey had also accepted Bills foi :the accotamodation of the Witness. in consequence of which Lord Ellenborough held that, in this case, the holders of these Bills Were'bouud to givenmice to the drawer of the dis-, hononrby the acceptor, before they could have their remedy against the drawer. His . l..g?rciShip said, : that,' Ilete was mutual. accom n 'modatioof the, patties to" each other, and as to the balance the, accotint olbeing aa r? ainst the defendant ) that Made no di ff er e nc e in the prtactple which . governed the case, because the Court could ••notiOnit .jrito the state of . the account, or inquire how matters stood as to this Bill or that for, whe n there were dealings of mutual ac commodation between the drawer and acceptor; and the tiOlder 61 the . Bill—knew it, the rule that notice: must be giVen to the drawer before he can be rendered halite, in 'ectlisequence_of non payment by the acceptor; and therefore, as this was a case of -mutual dealings and mutual Cre dit between the. parties, the plaintiffs could not re cover, without' proving notice ot . noir-paymcnt by the acceptm Mr. PARK said, that if his Lordship was of that - opinion, the plaintiffs could nor recover, for there had been no notice in . tltrs case. Tito plaintiffs must bt norisuited. Mr. GARrtow said ; that was impossible by. the rules of the Court, for the cause having been brought. down by proviso, there must be a verdict.—Ver-, diet for the defendant. GOODTITLE V. E.kM.IIISIAN. Mr. WIGLEY stated this to be an ejeettlent to recover possession of - a house in the parish- of St. George, Bloomsb-ary.- Lord FLLENDiIItOUGH obserieff upon the plead ings, that the premises were stated to be in - the unit ed parisheivol St. Giles and St. George, Bloomsbury, that, in point of .31w, was incongruous ; and there fore the plaiptiii must be bonsuired. Suppose a ver dict- wore given, and judgment entered up for the plaintiff, how would the writ of possession issue'? for if the two parishes should , happen to be in different counties, a' thing of which there might' be an in stance, it would be impossible to say to what Sheriff the writ of possession should issue. Plaintiff nonsuited. FINLAYSON V. WOOD. Mr, PARK stated this t o be an alion upon a Bill of E xc h a i, ge , of which the plaintiff was the' holder, and the defendant the acceptor, which be ing'proved, the plaintiff,rested his case upon,it.-- • But it appeared on, the cross-examination : of a person 'of the name of 'Steel, that the plaintiff' was acquainted with a person of the native of: Cola:111mm, whose clerk the witness was. That Mr. Finlayson carried on' trade to a considerable extent at. Leith, and Colcoboun carried on the business of a cooper in Milbank-street, and after-. wards at Lambeth. That a great deal of accom modation paper, in the charaaer of Bills of Ex change, passed between these parties from Leitn, to London, and from London to Leith. That al l parson of the name of Wood, who was only fore-. man to Coloohoun, and which Finlayson knew, had accepted this among many other Bills of Exchange, without any consideration ; &c. A vvitne;s, of the name of Alexander Phiiips, who had. been clerk to .Finlayson, proyed a variety of correspondence between Vinlaysoti and Coloo how}, of which Garrow afterwards read some 'extraMs, to shew that there was no consideration (or this bill ; that the defendant, Wood, was a mere nominal party in this case, and that linlayson knew it. In one of the letters which had been proved to \be written by Frnlapion tp Coleoltaun, dated I 2th Oaober, tgo6. there were these expressions :—" I am ittally at a loss how to raise money to pay your 'demabd, and my acceptance. Write to ''your friend Gentler, at Yarmouth, to take up a carp of barley— it will sell well; year acceptance for - ,6001. I cannot cash." What was the reined); proposed ? `lb get th acceptairce 61Mr. Colcohtion's forenian ? bordering upon .swindling, as Mr. Garrow thought. ' fie,then went to'say to ColcOhoun—"d cannot get your pa;- per disc6unted at all here. I think that if you clerk (meaning Wood, the defendant in this case) fr were to accept a bill or two, I might get cash'for them here, as it would be a change of names. In that - case, let your man accept; . date them this Month, and leave the day in blank." In 'one of the letters Mr. Finlayson wrote to Mr. Culcohoun, desiring him to write 'to ,Hamburgh, to St. Petersburgh, or to any part of the Continent of Europe, to learn who was ready to sell goods, and he, Mr. Finlaysoo, Would give an order for them, and, no doubt_ would pay for them with such bills as these. He tried fits hand at having some goods in this way, from Ireland; but,there it would not do; people there .vere some ; What too sharp for him. In another letter lie wrote thus :--" Should Stevens and you meet at any time, Sou must pretend to be very inderndent and fii .1; A CHALLENGE. ESSItS. CURRIE', and Co. Sargeons, late is jesty',s service, challenge the. Whole worth to prove a single instance where their medicine 'and inethodof cure have tailed of the desired etteet. The practice of neatly years in this pirticular branch 'of their profession, has nor given rise to one unsuccessful case. • . They continue to dired their studies to the treatment act cure of venereal complaints, and that derangement of the sy.s: tern, which is the consequence of the pernicious and wastetia effects of a habit long and most unhappily pursued by the youth of both sexes. In the one it w4ll be found to be the unfailing source of barrenness ; the other have its ranges ta .tally developed to them by a distressing state of debility, which, if not timely remedied, terminates in impotence.. 'These are its remote and ultimate efieds, while consump tion, loss of mu scuiartiower, and various nervous complaints, usually characterise the earlier stages of this solitary vice.— f persons languishing under the disorders-incident to such ai habit, their treatment is simple, and has never proved unsuc cessful in the course of a long, laborious, and much extended practice. In the most obstinate and complicated cases of ve nereal infedion, such as obstructions in the urethra, spanef xcrescences, h.',.1 tumors, callous ulcers, eruptions, semi nal weakness, gleets, as also • Whether, recent or of long duration, and which have be fied the skill of other Praditioners, are by their present im proved plan of treatment, effedually and permanently cured> without the Patient suffering the _excruciating pain and alarming hemorrhage which frequently tblinws 'the applica tion of the lunar caustic% In.course Of twenty years extensive practice this :Metropolis, numerous cases. or Strictures have been and are daily under their care, the total' eradication of which is etieded bY a sate, certain, and expe ditious mode Of Prii'diCe, 'superior- to:any other yet adopted. The weakness, relaxation, and debility proceeding from this complaint are speedily removed, and the Patient restored to sound and vigOrots health.' 'But" where the debility has for years existed, a. proper .persevemiice in their restorative re-, medies, after the Stricture has beeo destroyed, is indispensa bly requisite to revive the slumbering sparks of life and to reanima ter he constitution. .• • • • ! Several N9blemea and G : entlemen,pf the first respedabi lity, have been under, the care ,of Mess e . Currie anti. Co.• fOr the removal Of cOmplaints offhe'Ui&t . hra; Strictures, scc. anti having received a radical andliermanent. Cure, request that references, may. •be given to them, as satisfactory - evi dences of the decisive superiority of Alessi s . Currie and Co's• plan of treatment. 'Many of . these Centlinihtn Lave had striitures frotfilti to to years, knit had been Wider the care of Messrs. Hoppe, -Heaviside,. and other Siirgecps.ot equal emi nence, who attern wed,t he cure,by the applicittiati of the Lu nar Caustic, without success. . A • Messrs. Currie and Cu. may be consulted by either sex with the greatest delicacy,. secrecy, • and . honour,. at their house, No. 107, llattongarden, Patients in the . Country are rcqUest4to stite the particu lars of their case, age, and general liaoit of Sec. eze. inclosing'a renottanc-e for advice and medicines; when the ,attic s wilt be given or•sent to any, part of the kingdom. To -asure that secrecy so essential to their Linde' taking, Ow. lerre;is trviy be added ro the account ter inedicines• • i• - io7. Hatton Mien 4 , ttttuganotit your ctrcuenstances or business. Suug was the Wotd, Mr. Garrow said, and as long as they could curry on this manufaelure of bills, they would take in every per,on who would take their into circulation, and thus carry on as good a trade as if they had borrowed the mint made by Mr. Bolton. Lord ELLENBOROUGH asked Mr. Steel whether he was sure that Mr. Finlayson knew who and what Wood the acceptor of this ? He answeredo he certainly 'did. • Upon which his Lordship said the plaintiff must be nonsuited. Mr. PARK--" I wonder my Learned Friend, Mr. Garrow, should waste his strength so much on this case. I thought the case gone long ago." • Plaintifinonsuited. HARDY V. BROWN. ` Mr. Anßorr stated this to be a writ of inquiry of damages, to ascertain what was due to the plaintiff .upon a covenant, by which the defendant had en gaged to transfer the SUIII of 150. in half yearly payments; out of the living of Winterbourn, in Oic, fordshire, to repay a sutra of money which the plain,- tiff had lent to the defendant to enable.'hiM to. ap pease his creditors. The defendant had omitted to make this transfer. The y sum due, in this respe&, was e3OI. The king was worth 5501. per annum. These fats proved, the plaintiff's damages, were as ! Sessed at :301. SVHLTEHOUSB AND OTHERS V.ANTONY. This was an adion upon atill of exchange for the sum of 4951. 19s. Gd. of which the defendant was the accepior, without consideration, as it wag., alleged, and of which Messrs. Nicholls and Co. weref'• the drawers, and who had Considerable &ailing with .the plaintiffs. The answer to this case was, that for this bill Nicholls and Co. gave to the plantitF another bill for 511t1. and which they took as a substitution lot ibis, and which bill u!as al ually ; but the lions't7. of Nicholls and Company having - t;come hankruptg. afterwars,- and 'being in debt to The plaintiff, epna balance, to the amount of x,67 d. they demanded. this sum - of 4951:0f the i defendant, for which Lord Ellenborough was clearly of opinion, there was.nO pretence upon the evidenee, as it appeared Iron] the "correspondence of the plaintiff .s hetiso with the house of Nicholls, • and therefore the Jury fOund a verdid for the delenchnt. , • • • • .; 8.11<7 H... On the sth December, at Leith, the Lady of doßtain the Hun. Alexamterlones, of tha Royal Navy, of a Son. MAPRIFD. • On the 25th of November, at Alverstoke Church AV .. ' Gosport, Min Ogle, Esq to .Cecilia, only dartgliterof A: Connell. Esq. of the County of Longford. IrclAnd. On the 13th of July last, at. Queett's.scio-v're Chapel, Wi,"' liana Thirsk, Lsq. of the 6th Dragoon . Guards, to Alo' Taylor, of firunswick-row„ Queen's-squar'e; an d sate of the 'Theatres koyal„ Covent-garden and Mancnester. ' On Tuesday last, at Queen-square Church, Capt. Charles Downes, of His Majesty's 4oth Regiment., to Miss Gran- Yes'ierthiy, at Putney Church; Patin Mrst, Esq. Captiin icc tllc Ki,yJ R iciceict ut Horse to tivimetta An!.e+ youngest tigughl4.l'of Rohcit Hankey, Etq. of Putney, Sur rey. _ The same clay, Mr. Rotert Mercer, of - Stamtbrd-strnty Timber.inerzhatit s . to 'Sarah, eldest daughter . of 'Mr. lolls Treacher, of Paternoster_ rove. . . 1)11 , 1) On Tuesday evening, in tlie Eith year of her aga., m 32 . 0 1 nrti Second daughter of Benjamin Aislabie, Esq, of Bush-hilt t)n the. loth inst. Mr. Joshua Btu:lkea, of flor3o)owr i * Southwark, aged 73. t)n the 14th inst. at Mr. in litanovert,•l4k` - 'over,quanz, Mr. - rhotnag Virau t cti. - On the 4th of Oetober, at Mifazzo; in Sicily,' `.amen Crorripe Lowe, Esq. • A few days since, Mr. Nicholls ; of Elsworth, in Gam' bridgeshire. His death was ocCasioned by being thrown fro.'" a one-horse chaise in descending Marlingely. wtje" 1 ,11 skull was tradured, and he died befoie he reached leis house. •-• _ _ _ RICE OF YESTER STOCKS' RDAY. 1 India Stoc}:, shut. • India Bds, _ ..is On . 2/S . . pt ; . pt, South Sea Stock Exclieq. Bills, Ss. Its. pr. 0 mniiiin, .16 pr. Imperial 3.p.:r Cent. , ' Cons. for Pperiiiig, 709 '9 Mink Stock, Navy 5 pet ceiit. shut Irish 3 - per Cent. • 4 per Cent. 84 a 84i 3 per Cent. Red. Ogi 3 per ent. Cob. &hut Bank. L. Ann. IS 9-16thS , . 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